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2 Jul 2010

Chinese gay man sues blood centre

In what's believed to be the first case of its kind, a gay man in China has filed a lawsuit against a Beijing Red Cross donor centre after it refused to accept his blood deposit because of his sexual orientation.

State-run English-language China Daily reports on July 1, 2010:

A Chinese man is suing a Beijing Red Cross centre after his blood donation was turned down because he is gay, in what state media said Thursday was the first such case in the country.

A blood donation bus in China which reads: Donating blood for others is a good behaviour.

A gay editor is making Chinese legal history by becoming the first person to sue Beijing Red Cross Blood Center (BRCBC) for refusing his blood. The case is now waiting to be filed at the Beijing higher people’s court.

The editor, named Wang Zizheng (his pen name), tried to donate blood at Xidan Books Building on June 6. He replied he was gay in the health questionnaire and was told he was not qualified to be a donor by officers from BRCBC.

“We don’t suggest homosexuals, both gays and lesbians, donate their blood, as a precaution for the receivers,” said an officer from BRCBC. “We are following the health standard for blood donors issued by the Ministry of Health.”

Wang felt he was being discriminated against.

...

Wang Zizheng, the plaintiff in the case, said he just hoped the public could treat homosexuals in a more rational way. 

"I agree with having restrictions on homosexuals; it is just they have to be scientific," he said. He asked for a public apology from BRCBC and wanted to donate his blood again .

"For thousands of homosexuals in China, someone has to stand out," he said.

China

Reader's Comments

1. 2010-07-02 18:50  
ah... I remember this situation in a drama when Brian wanted to give blood to Michael but got refused by the hospital.
Well, Drama is Life..
2. 2010-07-02 18:53  
I read they they ban blood donation by lesbians too. If that's true, then the ban is definitely not based on scientific data, as lesbians are the lowest risk group in the population for HIV transmission.
3. 2010-07-02 19:07  
If I am not wrong, Singapore also ban blood donation by gay men. Any kind souls want to confirm this?
4. 2010-07-02 20:15  
...ah, asian mentality! I hope they are not thinking that if you transfuse gay blood to 'straight' people, they wud also become gay!!
5. 2010-07-02 20:25  
He could have just made it simple and not told them he is gay. I know many gay men that donate blood here in the USA, despite the fact that all blood banks must refuse donors that are in risk categories for HIV and many other diseases. They also refuse donors that have had tattoos in the past year, traveled to certain foreign countries or live cumulatively outside the US for over a certain number of years in specific countries where there are risk factors for other diseases that can be transmitted via blood or body fluid.
There is no doubt the rules and the science applied are not up to date, as the sex issue goes to any man having sex even once with another man ( or female prostitute) since 1977.
So, if you wish to engage in an altruistic act, donate blood, just look past some of the questions.

I have given almost 10 gallons in my lifetime.
6. 2010-07-03 00:10  
I didn't think it was a donation in the US but that blood was sold to the blood bank. You learn something new every day!
As for banning gays from giving blood, how does that work in a "don't ask don't tell" world.
We know the blood banks have to be extremely careful and that they do a wonderful job. Perhaps they should ask about people's behaviors that are dangers to the blood bank and reject people who engage in those behaviors. That would seem more rational than just banning social groups. A gay celibate priest would ideally be no risk to the blood bank but a straight female who engaged in anal sex would be high risk.
Anyway good on the Chinese guy! Some of those Chinese people are so brave.
7. 2010-07-03 08:32  
If the Red cross refuses to accept your blood donation , it's their loss not yours. Why do you even need to sue ??? :(

Unless they treat you so differently just because of your sexual orientation. Can you imagine if we were to reverse the situation. They accept your blood because you did not mention on your form of your sexual orientation ? Then they sue you ?????

My gosh , why are we suing and being sued ? Can't we just live happily and move on with our lives. This world is becoming a whole big drama.
Live and let live
8. 2010-07-03 08:33  
But I must add that it's also time people treat PLU with more respect and do not take us for granted. Good for the Editor to bring this issue to the open. Bravo !
9. 2010-07-03 13:50  
We should support him.
10. 2010-07-03 21:00  
Not the 1st of the case in the world already. In any case, it'll be a tough fight for him, since China isn't known to be a champion for human rights... yet. Even historically, the US could hardly do much to change the Red Cross' stance.

Weighing against the numbers, it's unlikely Red Cross will reform their standards, however safe, due to the fact that the number of homophobic recipients greatly outnumber the homosexual donors. It's like accidentally dropping one bit of non-halah food bits into the big pot, and the whole pot is rendered unconsumable by Malays.
11. 2010-07-04 00:11  
A couple of years ago, a few NUS undergrads donated blood w/o realising that they had acquired the HIV virus via homosexual activities. They were jailed for lying about their sexual orientation and activities on the blood donation consent form.
12. 2010-07-04 10:00  
If I remember correctly, they also refuse blood from gay men in the UK too
13. 2010-07-04 19:29  
It's the same here in Australia - regardless, Wang needs our support.
14. 2010-07-04 23:33  
I will support Wang's case...but honestly, if it were a life and death scenario and a fag's blood was the only blood a straight dying man had access to, would he say no? If he said, no...then I say, let the bugger die.

The thing is, with the disproportionately larger heterosexual polulation, the red cross and any other organisation for that matter, can disregard us....just because we are a minority; one with very few rights.

And in response to someone's suggestion to lie about one's sexual proclivities so that he or she can donate and give, I do not agree. You are giving to a community......you get nothing in return but the knowledge that you've made a contribution. One should not have to lie.

15. 2010-07-05 01:02  
Hmm...this is more a question against policy. I think it's internationally widespread that gays and lesbians are not only discouraged, but barred from donating blood.

If China has such a policy in place, put there by their Ministry of Health, then Mr Wang has no case.

Unless, of course, China was like India in which discrimination against LGBT is seen as unconstitutional.
16. 2010-07-05 01:14  
such stereotype! which reminds me of an episode in qaf; it's this likely same situation. too bad i forgot their names.

that is really one brave chinese dude, kudos to him. we need more people like him to make the world aware of us, and doesn't mean we're homos we're like the shitholes on earth? i hate the fact people keep looking at us, stereotyping like nobody's business.

on the other hand, well, look at the brighter side of life. life doesn't end for that chinese dude or the blood bank people right?
17. 2010-07-05 08:18  
I know my next comments will make some people disagree with me. PLU like us must try to give the main stream a better impression. We must show them that we are just like everybody else except for our sexual orientation.

However I am sad to say that most of the time my encounter with PLU is all about sex parties , raunchy sex ( even in public toilets ) , bare bodies macho Marys , public display of hot bods and the list goes on. ( Of course I am sure there are PLU that behaves well , Before we want others to accept us , I believe we need to project the right image before people can take us more seriously. My two cents. I hope someday our blood can help the needy !

18. 2010-07-05 10:50  
I recall Singapore authorities had charged several blood donors who had made a false declaration. Not only would the donor risk imprisonment/fine, it's also irresponsible.
19. 2010-07-06 08:24  
I don't think it's a human right to be able to donate blood. It's not like being denied access to medical service because of one's sexual orientation. If he were denied receiving blood because he was gay, that's a different issue. I believe the blood bank has an obligation to ensure that the blood comes from a suitable donor. After all, blood recipients' lives are at stake. Lying on the questionnaire just so your blood gets donated makes it a selfish, rather than a selfless, act. The real issue is sensitivity, but I don't think it's possible to please everyone.
20. 2010-07-06 08:58  
it's a shame to know that medical science would have a room for discrimination...very sad.
21. 2010-07-06 12:57  
Isn't the blood supposed to be tested before transfusion anyway? But, even if it is, technically, and economically, it is just taking time, effort, and space to store any "other" blood that could be refrigerated or handled (NOT suggesting that the RCBC is saturated with transfusion work), and the risk of contamination is all too real when nurses, RCBC workers, and others screw up.

Besides, it's not just HIV contamination that is a risk to the potential, or "misadventured", recipient. We all know that in all walks of life that people use some serious drugs. And, just walk around here in San Fransideshow at the Castro and Church Street MUNI stations -- one can EASILY observe signs advising gay men to not use various classes of destructive drugs (listed on the posters) alone or in combination with stress, depression, alcohol... Even other STDs with worse side effects (ie, assuming one with HIV is diagnosed, monitored, and on treatment if required) to the recipient could cause debilitating medical or organ complications.

Still, having said all that, the technology of today REALLY should be conveyor-belt scanning donated blood at some central (regional or state) facilities and then shipped out based on demographics. And, serum and other components should when possible be obtained from other technical and safe means so that no matter WHOM the blood originates, it is not a risk. After all, drugs abusers can lie, too. And if they aren't sniffed out, their blood ends up in the supply system.

Hopefully, is attorney/solicitor actually steers it AWAY from a gay topic and more onto universal precaution type positioning but with anti-gay discrimination as the cornerstone of improving the supply globally.
22. 2010-07-07 01:16  
its a policy to mitigate risks because human errors do happen in the medical world. whether im gay or straight i would prefer to receive blood from a stringent blood bank. they dun wan your blood, so cool it, donate something else if u r that generous, how about donating some money instead? suing for what
23. 2010-07-07 08:32  
I agree with you Weihong and youse.

If they do not want our blood , it's their loss not ours. What is there to sue or be sued. Move on. We got more important agenda out there.

If anyone feel so compelled to do charity - I am sure it can come in other forms. Money , time , skills etc ....and the list goes on.
24. 2010-07-07 09:01  
I must confess I have mixed feelings about this whole situation

On the one hand, emotionally it just feels wrong to be lumped together with sex workers and drug addicts in a grouping thats unsuitable for making a donation. In the end, isnt ALL the blood screened before its accepted into the blood bank? surely the questionnaire is not the SOLE screening process?

Practically though I suppose there is a cost to drawing, storing and screening blood and therefore weeding out the high risk groups just makes it a little more efficient.

But if we as mankind accepted such a "practical" approach in life, why not charge fat people more to fly or tall people more for their clothes etc.. surely at some level we do need to balance between practicality and human emotionality?

I for one am glad this brave sole (In China No Less) has chosen to make a stand... hats off to you sir... the world needs more gays like you to make it a better place for all

25. 2010-07-07 11:08  
I remember a few years ago my Japanese friend had the same experience. What's the deal about not taking blood from fags? Do they not test the blood (donors) against diseases? Or being a fag is not honourable enough to donate?

While I think Wang's attitude is admirable, I wonder if he won't bring trouble upon himself... Keep us posted! Fingers crossed!
26. 2010-07-08 18:07  
Surely they should test any blood that is being donated. People can easily lie about their sexuality or sexual history if they feel strongly about donating blood. Hopefully Wang has brought to attention something that needs to be reviewed as times and attitudes change about homosexuality.
27. 2010-07-09 00:57  
Good for him. I know how he feels. The same thing happened to me when I went to donate blood here in the UK. My mistake was being honest on the form. I felt so angry, humiliated and rejected, I wrote an article about the experience. You can read it at www.readmystuff.net/oneblood.html
28. 2010-07-30 19:58  
No use. It has been made that way. Satan has stigmatize homosexuals by making the whole world to think that the blood of homosexuals is dirty since 1982 when HIV was named as GRID. In actual fact, the blood of homoseuxals is holy and divine because Jesus is a homosexual, who died on the cross and His blood saves the whole world from sin.

It is the blood of Jesus which defeats Satan, and that is why Satan hates His blood. In order to take revenge against Jesus, he harbour this bitterness for 2000 years and makes the whole world to think that the blood of homosexuals is dirty. In this way satan will feel that He has defeated Jesus, the Son of God.

The one and only way for a breakthrough in this issue and for our vindication is for Jesus to come out. He must come out loud and proud that He is a homosexual. Homosexuality is holy and divine, and not a sin. A complete cure for HIV must be found through the body/ stem cells/ blood of homosexuals, not through vaccine.

That is to say, the situation will remain like that until the cure for HIV is found and the truth of homosexuality is revealed. When will it be? No one knows. But please support embryonic stem cell research. That is the right path to breakthrough.

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